In the context of economicglobalization, international commercial arbitration is a rapid and efficientmechanism to solve economic and commercial disputes between parties fromdifferent countries and regions and has been more and more widely applied toresolve their legal disputes. International commercial arbitrationin th…
Accordingto Article 73 of The Arbitration Law,international arbitration rules may be developed by the China Chamber ofInternational Commerce in accordance with the applicable provisions of The Arbitration Law and The Civil Procedure Law. Therefore, The Civil Procedure Law, its interpretations,and other laws and rules of…
Article103 Where a decree may becomedifficult to enforce or other damages may be incurred to a party due to theacts of the other party or for other reasons, the people's court may, upon thepetition of the first party, make an order for preservation of the property ofthe other party or order the other party to perfor…
Article109 Upon receipt of a petition, thepeople's court may make an order for advance enforcement in a case where: (1) a claimfor alimony, support, maintenance, pension, or medical expenses is filed; (2) a claimfor employee remuneration is filed; or (3) advanceenforcement is necessary in case of an emer…
According to Article 49 of the ArbitrationLaw, the disputing parties may reach a settlement on their own initiative inarbitration. In such a case, they have two options: to request the arbitraltribunal to make an award according to the settlement agreement or withdraw therequest for arbitration. In nature, this means th…
Whereany evidence may be destroyed or become difficult to obtain, the people's courtmay, upon receipt of a petition or on its own initiative, make an order forpreservation of the evidence during the proceedings.Whereany evidence may be destroyed or become difficult to obtain in case of anemergency, an interested party m…
In international arbitration in China, a disputingparty may file a petition for preservation of property to the arbitrationcommission or the intermediate people’s court of competent jurisdiction if hebelieves that the arbitration award may become unenforceable or difficult toenforce due to the acts of the other party o…
The disputing parties shall comply with the arbitration award. The arbitral tribunal may specify a time period in the award for the disputing parties to perform the obligations under the arbitration award. In the absence of a time period specified in the award, the disputing parties shall perform immediately or within a…
China International Arbitration Lawyers, membered by international lawyers and arbitrators experienced in international arbitration and litigation practising in Shanghai, authors of tens of published works.
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